The preparatory investigation judge Ubaldo Callo left without effect the appearance with restrictions that was imposed on former president Martin Vizcarra in the case Lomas de Ilo–Moquegua Hospitala process that is in oral trial. The magistrate lifts all the rules of conduct for the Law 32130.
This rule not only handed over the preliminary investigation of the crime to the Policebut also made other reforms to the Criminal Procedure Codelike the appearance with restrictions have the same deadlines as the preventive detention. That is, 9 months in simple cases, 18 months in complex cases, and 36 months in organized crime cases. Before the Law 32130 there was no deadline.
The defense of Vizcarraat the hearing, alleged that, regardless of whether or not it is a case of organized crime, more than 40 months have passed since the appearance with restrictions was issued. In fact, the Judiciary imposed this measure in March 2021, when the request for preventive detention requested by the Lava Jato Special Team
Because the Prosecutor’s Office requested the non-application of the Law 32130the former president’s defense assured that the new rule does not contravene the Constitution and that even the supreme judge César San Martín highlighted the setting of a restrictive appearance deadline as the only reasonable reform made by the Congress.
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For his part, the Public Ministryin addition to diffuse control, asked the judge to maintain the rules of conduct because the danger of flight Vizcarra supposedly it would have increased because the process is in an oral trial.
However, the magistrate Ubaldo Callo warned that, according to the new Law, the appearance with restrictions now has fixed and non-extendable deadlines, so to date the measure against the former president “has expired so it should be left without effect”.
This way, Martin Vizcarra You will no longer have to request judicial authorization to travel outside Lima or go through biometric control every month.
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They deny diffuse control
The judge Callo Deza denied the diffuse control requested by the Prosecutor’s Office because, he affirms, the reform does not contravene the Palermo Convention nor the American Convention and filled the legal void that the appearance dragged with restrictions: the lack of a validity period.
“Attempting to not apply the amendment to the specific case, based on the seriousness of the facts attributed to the accused, would mean making an unequal application of the criminal law, depending on the person, a procedure that is proscribed in a constitutional State of law,” it reads. in the resolution.
The magistrate also calls attention to Prosecutor’s Office since, if he considered that the procedural danger increased, he could have requested the imposition of another measure, such as preventive detention, at any time during the investigation or at the time he formulated the accusation.
Finally, the Judged reminds you of Vizcarra that, although the appearance with restrictions will be annulled, a simple appearance will be imposed, that is, that he will go to court as many times as he is summoned. You are also reminded that you must attend virtually or in person at all hearings of the oral trial, unless the Collegiate give you permission not to be present at the session.
